Patentees of pharmaceutical substances are frequently unable to exploit their inventions until receiving regulatory approval for their products, often many years after the commencement of the patent term. Recent decisions from IP Australia and the Australian Federal Court indicate that the Australian patent term extension system is quite favourable to patentees at the moment. Multiple patents can be extended based …
The Franchisor’s Obligation to Act in Good Faith
Franchisors look out. For the second time in less than 12 months, a franchisor has received a multimillion-dollar penalty for breaches of the Franchising Code. Compliance with the Code is paramount, as GEOWASH P/L recently learnt when it was slugged with a total of $4.2 million in penalties against an insolvent carwash, a car detailing company, and two of its …
The Social Distancing Message Through Brands
A pandemic like COVID-19 can bring out the best and worst in people. Household brand names like McDonald’s, Volkswagen, Audi and others are all doing their part in reinforcing the social distancing message. Others just see opportunism, filing trade mark applications for COVID-19 covering bumper stickers, pencils and even for cleaning products. Trade mark offices around the world are being …
Commercial Agreements and COVID-19: Force Majeure
The recent emergence of COVID-19 may amount to a force majeure event. What does this mean to commercial agreement and performance pursuant to those agreements? In some circumstances, the COVID-19 could excuse performance under a contract. The question is when and what is required to suspend rights of performance under a contract. The recent emergence of COVID-19 may amount to …
The ACCC’s Response to the COVID-19 Pandemic
The ACCC has established an internal COVID-19 task force with the aim of educating businesses about their obligations in relation to cancellations, refunds and suspension of services as a result of COVID-19. That task force will be paying particular attention to price gouging, will consider affordability issues and consider a range of competition issues to ensure that Australian markets and …
In the Spotlight with Mary Turonek
We are pleased to welcome Dr Mary Turonek to our Perth Chemistry, Resources and Oil & Gas Teams. With a PhD in physical and inorganic chemistry, Mary specialises in the oil and gas sector as well as mineral processing, hydrometallurgy, mining processes and equipment, electrochemistry and battery technology, water treatment, waste management technologies and general engineering. With such impressive credentials, …
Eligibility for Pharmaceutical Patent Term Extensions
The Australian Patent Office makes clear that products with two physically separated parts are not eligible for pharmaceutical patent term extension. This note provides a brief summary on the recent decision of a Delegate of the Commissioner of Patents reported as Pharma Mar S.A. [2020] APO 8. Wrays acted for the applicant. Background Pharmaceutical patent term extensions (PTE) are available …
Coronavirus and Patent Offices Around the World
Due to the threat of COVID-19, many Patent Offices around the world have implemented the suspension of, or extensions in the time limits, to complete certain actions. Although some deadlines to complete an action have been extended, in general, the payment deadlines of annuity/renewal fees remain unchanged. We have provided the following information on a selection of Patent Offices in …
What You Need to Know About the Modern Slavery Statement
It has been a year since the Modern Slavery Act 2018 (Act) has come into force and the first mandatory modern slavery statements (Statement) are due by as soon as the end of June this year, depending on the applicable accounting period of the reporting entity. Accordingly, this is an opportune time for all companies based or operating in Australia …
OneMusic Brings One-Stop Music Licensing to Australia (Except for Cheese-Makers?)
Earlier this year, APRA, AMCOS and PPCA launched a joint initiative in Australia aimed at making music licensing easier and simpler to access for Australian businesses. The initiative is called OneMusic, and it brings together in one bundle licences of all of the copyright works in each of the PPCA, APRA and AMCOS catalogues. Think musical works, sound recordings, music …